Prosecution Insights
Last updated: October 01, 2026
Application No. 18/137,231

Medium Access Control Protocol Data Unit Update for Random Access Channel based Small Data Transmission

Non-Final OA §102
Filed
Apr 20, 2023
Priority
Oct 21, 2020 — provisional 63/094,855 +1 more
Examiner
NGUYEN, THERESA
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
3 granted / 5 resolved
+2.0% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
39
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
30.3%
-9.7% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/30/2026 has been entered. Response to Amendment Amendments filed on 06/30/2026 are entered for prosecution. Claims 1-2, 5, 7-8, 17-18 and 21-33 remain pending in the application. The amendments change the scopes of the previously presented claims. Applicant’s amendments to the claims have overcome each and every rejection based on 35 USC § 112 to the claims previously set forth in the previous Final Office Action. Response to Arguments Applicant’s arguments with respect to claims 1-2, 5, 7-8, 17-18 and 21-33 in a reply filed 06/30/2026 (hereinafter, Remarks) regarding newly added limitations have been considered but are moot because the newly added limitations in the amendments do not apply to the references being used in the current rejection. The applicant argues “Huang states that "the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant" and that "[t]he UE switches the RA type and/or cancels the small data transmission" (Huang, [0517]), such that the switching and the canceling are parallel alternatives, each performed in response to a network instruction (Huang, [0507]-[0508]), rather than the canceling being a consequence of the setting of the RA procedure to the four-step RA type. Therefore, Huang does not teach or suggest "cancel, based on the setting the RA procedure to the four-step RA type and a transport block size of the four-step RA type being smaller than a size of the message comprising the uplink data, the SDT procedure" in combination with the other features recited in claim 1” (Remarks Page 7, emphasis added). However, the examiner respectfully disagrees. The current claim language “cancel, based on the setting the RA procedure to the four-step RA type” recited in claim 1 does not limit the claim to the “canceling being a consequence of the setting of the RA procedure to the four-step RA type” as the applicant suggested in their remarks. Rather, the current claim language merely states the cancellation of the SDT procedure is based on the setting the RA procedure to the four-step RA type. There is no limitation in the claim language to further limit the cancellation of the SDT procedure is in response to the setting of the RA procedure to the four-step RA type. Furthermore, Huang not only teaches an example of the cancelling being parallel alternatives, Huang also teaches that the cancelling of the SDT procedure in response to (e.g., being the consequence) to the setting of the RA procedure to the four-step RA type ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data, the UE may cancel the small data transmission and/or continue the RA procedure to resume). Therefore, Huang discloses: cancel ([0516] Switch to 4-Step RA without Small Data Transmission), based on the setting the RA procedure to the four-step RA type and a transport block size of the four-step RA type being smaller than a size of the message comprising the uplink data, the SDT procedure ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., hence the 4-step RA to transmit the small data has a smaller TB size compared to the TB size that the RAR grants for the uplink data), the UE may cancel the small data transmission and/or continue the RA procedure to resume; [0410] the MAC entity shall update the MAC PDU in the Msg3 buffer in accordance with the TB size). Thus, the applicant argument is not persuasive. The applicant further argues “Huang does not state that the setting of the RA procedure to the four-step RA type is based on a failure to receive a response to the message together with a preamble transmission counter being equal to, or greater than, a threshold. Instead, Huang states that the wireless device switches the RA type in response to a network instruction. For example, Huang states that "the NW indicates the UE to switch to 4-step RA" (Huang, [0517]) and "the NW may indicate the UE to switch to 4-step RA" (Huang, [0555]). Huang also states that the wireless device switches the RA type based on a radio condition measured and/or derived by the network (Huang, [0536]). Therefore, Huang does not teach or suggest to "set, based on a failure to receive a response to the message and a preamble transmission counter being equal to, or greater than, a threshold, the RA procedure to a four-step RA type" in combination with the recited canceling of the SDT procedure based on setting the RA procedure to the four-step RA type along with the other features recited in claim 1.” (Remarks, Pages 7-8, emphasis added). However, the examiner respectfully disagrees. The UE may consider MsgB reception failure after reaching the max number of preamble transmissions during a period of time ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data... The UE may consider MSGB reception failure if the UE does not receive MSGB successfully (or cannot succeed the current procedure) during a period of time (e.g. a response window) after a number of preamble transmission (e.g. preambleTransMax) (e.g., the counter being equal to the max number of the preamble transmission, hence equals to the threshold)). Furthermore, the network may transmit an indication to the UE to switch from the 2-step RA to the 4-step RA based on the poor radio connection being measured after the UE considers the MsgB reception failure ([0549] The radio condition may be measured each time upon the UE fails to receive the MSGB in response of the small data transmission (e.g., the radio condition is measured after the counter = preambleTransMax); [0508] a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE; [0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission). Therefore, Huang discloses: set, based on a failure to receive a response to the message ([0502] Failure to Receive MSGB in Response to the Small Data Transmission) and a preamble transmission counter being equal to, or greater than, a threshold ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data... The UE may consider MSGB reception failure if the UE does not receive MSGB successfully (or cannot succeed the current procedure) during a period of time (e.g. a response window) after a number of preamble transmission (e.g. preambleTransMax) (e.g., the counter being equal to the max number of the preamble transmission, hence equals to the threshold)), the RA procedure to a four-step RA type ([0549] The radio condition may be measured each time upon the UE fails to receive the MSGB in response of the small data transmission (e.g., the radio condition is measured after the counter = preambleTransMax); [0508] a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE; [0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission) Thus, the applicant argument is not persuasive. Regarding independent claims 17 and 28, the applicant submits the same arguments as presented in claim 1. Thus, examiner applies the same reasoning as presented in claim 1. Similarly, examiner applies the same reasoning for their dependent claims. Claim Objections Claims 1-2, 5, 7-8, 17-18 and 21-27 are objected to because of the following informalities: Claim 1 “cancel, based on the setting the RA procedure” should read “cancel, based on the set of the RA procedure” to avoid antecedent basis Claims 24 and 26 “wherein the canceling the SDT procedure” should read “wherein the cancel of the SDT procedure” to avoid antecedent basis Claims 2, and 17-18 have the same informalities as claim 1, therefore the same objections are applied. Similarly, the same objections are applied to their dependent claims. Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-2, 5, 7-8, 17-18 and 21-33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al (US 20210259021 A1, hereinafter Huang). Regarding claim 1, Huang discloses : a wireless device comprising (Fig. 3; [0032] As shown in FIG. 3, the communication device 300 in a wireless communication system can be utilized for realizing the UEs (or ATs) 116 and 122 in FIG. 1 or the base station (or AN) 100 in FIG. 1): one or more processors ([0032] The communication device 300 may include… a central processing unit (CPU) 308); and memory ([0032] a memory 310) storing instructions that, when executed by the one or more processors ([0578] Referring back to FIGS. 3 and 4, in one exemplary embodiment of a UE, the UE 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code 312 to enable the UE (i) to initiate a 2-step RA procedure including UL data in RRC_INACTIVE state, and (ii) to switch from the 2-step RA procedure to a 4-step RA procedure not including the UL data in response to a condition. Furthermore, the CPU 308 can execute the program code 312 to perform all of the above-described actions and steps or others described herein), cause the wireless device to: initiate a small data transmission (SDT) procedure to transmit uplink data using a random access (RA) procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission); transmit (Fig. 6 – MSGA), based on the RA procedure being set to a two-step RA type ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6), a message comprising a first preamble and the uplink data (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload. The PUSCH payload may contain RRC resume request and the UL data (e.g. small data)); set, based on a failure to receive a response to the message ([0502] Failure to Receive MSGB in Response to the Small Data Transmission) and a preamble transmission counter being equal to, or greater than, a threshold ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data... The UE may consider MSGB reception failure if the UE does not receive MSGB successfully (or cannot succeed the current procedure) during a period of time (e.g. a response window) after a number of preamble transmission (e.g. preambleTransMax) (e.g., the counter being equal to the max number of the preamble transmission, hence equals to the threshold)), the RA procedure to a four-step RA type ([0549] The radio condition may be measured each time upon the UE fails to receive the MSGB in response of the small data transmission (e.g., the radio condition is measured after the counter = preambleTransMax); [0508] a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE; [0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission); and cancel ([0516] Switch to 4-Step RA without Small Data Transmission), based on the setting the RA procedure to the four-step RA type and a transport block size of the four-step RA type being smaller than a size of the message comprising the uplink data, the SDT procedure ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., hence the 4-step RA to transmit the small data has a smaller TB size compared to the TB size that the RAR grants for the uplink data), the UE may cancel the small data transmission and/or continue the RA procedure to resume; [0410] the MAC entity shall update the MAC PDU in the Msg3 buffer in accordance with the TB size). Regarding claims 2 and 18, Huang further discloses: wherein the instructions further (Fig. 3; [0032]; [0578];) cause the wireless device to switch, based on the setting the RA procedure to the four-step RA type ([0511]; [0565];), the RA type of the RA procedure from the two-step RA type to the four-step RA type ([0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state. The method further includes the UE switching from the 2-step RA procedure to a 4-step RA procedure not including UL data in response to a condition; [0511] The UE may switch the RA type, e.g. from 2-step to 4-step). Regarding claims 5, 21 and 30, Huang further discloses: wherein the failure to receive the response to the message ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data. The UE may consider MSGB reception failure if the UE does not receive MSGB successfully during a period of time (e.g. a response window) after transmission of MSGA) is based on receiving a random access response ([0527] The signaling (network node transmits the signaling) may be or include one or multiple of the following constructs: [0528] MSGB (of the 2-step RA)—For example, the indication could be included in a fallbackRAR), to the message ([0508] To solve the issue, if a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE. The signalling may trigger the UE to perform a fallback action), indicating at least one of ([0509] The (fallback) action (e.g. the first action and/or the second action) may include one or multiple of the following techniques:): the random access response as a fallback random access response ([0527] The signaling may be or include one or multiple of the following constructs: [0528] MSGB (of the 2-step RA)—For example, the indication could be included in a fallbackRAR); a fallback to the four-step RA type ([0510] Switch to 4-Step RA with Small Data Transmission); the failure ([0549] The radio condition may be measured each time upon the UE fails to receive the MSGB in response of the small data transmission (e.g., the radio condition is measured after the counter = preambleTransMax); [0508] a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE); or a cancellation of the SDT procedure ([0517] For example, the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type and/or cancels the small data transmission). Regarding claims 7, 22 and 31, Huang further discloses: wherein the SDT procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission) is initiated by the wireless device (Fig. 8) in a radio resource control (RRC) inactive state or in an RRC idle state ([0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state; [0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission). Regarding claims 8, 23 and 32, Huang further discloses: wherein the SDT procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission) is initiated based on a size of the uplink data being smaller than or equal to an SDT data threshold ([0547] In addition, a RACH-based small data transmission procedure may be initiated if the size of the small data is less than or equal to a TB size indicated in the related configuration, the system information, the dedicated RRC signaling and/or the DCI. One or more conditions mentioned above may be applied jointly). Regarding claim 17, Huang discloses: non-transitory computer-readable medium storing instructions that ([0032] a memory 310 (a memory is an example of non-transitory computer-readable medium)), when executed by one or more processors of a wireless device ([0578] Referring back to FIGS. 3 and 4, in one exemplary embodiment of a UE, the UE 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code 312 to enable the UE (i) to initiate a 2-step RA procedure including UL data in RRC_INACTIVE state, and (ii) to switch from the 2-step RA procedure to a 4-step RA procedure not including the UL data in response to a condition. Furthermore, the CPU 308 can execute the program code 312 to perform all of the above-described actions and steps or others described herein), cause the wireless device to: initiate a small data transmission (SDT) procedure to transmit uplink data using a random access (RA) procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission); transmit (Fig. 6 – MSGA), based on the RA procedure being set to a two-step RA type ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6), a message comprising a first preamble and the uplink data (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload. The PUSCH payload may contain RRC resume request and the UL data (e.g. small data)); set, based on a failure to receive a response to the message ([0502] Failure to Receive MSGB in Response to the Small Data Transmission) and a preamble transmission counter being equal to, or greater than, a threshold ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data... The UE may consider MSGB reception failure if the UE does not receive MSGB successfully (or cannot succeed the current procedure) during a period of time (e.g. a response window) after a number of preamble transmission (e.g. preambleTransMax) (e.g., the counter being equal to the max number of the preamble transmission, hence equals to the threshold)), the RA procedure to a four-step RA type ([0549] The radio condition may be measured each time upon the UE fails to receive the MSGB in response of the small data transmission (e.g., the radio condition is measured after the counter = preambleTransMax); [0508] a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE; [0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission); and cancel ([0516] Switch to 4-Step RA without Small Data Transmission), based on the setting the RA procedure to the four-step RA type and a transport block size of the four-step RA type being smaller than a size of the message comprising the uplink data, the SDT procedure ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., hence the 4-step RA to transmit the small data has a smaller TB size compared to the TB size that the RAR grants for the uplink data), the UE may cancel the small data transmission and/or continue the RA procedure to resume; [0410] the MAC entity shall update the MAC PDU in the Msg3 buffer in accordance with the TB size). Regarding claims 24 and 26, Huang further discloses: wherein the canceling the SDT procedure ([0516] Switch to 4-Step RA without Small Data Transmission) is further based on the size of the uplink data being larger than a second SDT data threshold ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., that the RAR grants for the uplink data is larger than the 4-step RA to transmit the small data, hence a threshold), the UE may cancel the small data transmission and/or continue the RA procedure to resume). Regarding claims 25 and 27, Huang further discloses: wherein the second SDT data threshold is for the four-step RA type ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., that the RAR grants for the uplink data is larger than the 4-step RA to transmit the small data, hence the threshold is for the 4-step RA), the UE may cancel the small data transmission and/or continue the RA procedure to resume). Regarding claim 28, Huang discloses: A method ([0005] A method and device are disclosed from the perspective of a User Equipment (UE). In one embodiment, the method includes the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state. The method further includes the UE switching from the 2-step RA procedure to a 4-step RA procedure not including UL data in response to a condition) comprising: initiating, by a wireless device (Fig. 3), a small data transmission (SDT) procedure to transmit uplink data using a random access (RA) procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission); transmitting (Fig. 6 – MSGA), based on the RA procedure being set to a two-step RA type ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6), a message comprising a first preamble and the uplink data (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload. The PUSCH payload may contain RRC resume request and the UL data (e.g. small data)); setting, based on a failure to receive a response to the message ([0502] Failure to Receive MSGB in Response to the Small Data Transmission) and a preamble transmission counter being equal to, or greater than, a threshold ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data... The UE may consider MSGB reception failure if the UE does not receive MSGB successfully (or cannot succeed the current procedure) during a period of time (e.g. a response window) after a number of preamble transmission (e.g. preambleTransMax) (e.g., the counter being equal to the max number of the preamble transmission, hence equals to the threshold)), the RA procedure to a four-step RA type ([0549] The radio condition may be measured each time upon the UE fails to receive the MSGB in response of the small data transmission (e.g., the radio condition is measured after the counter = preambleTransMax); [0508] a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE; [0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission); and canceling ([0516] Switch to 4-Step RA without Small Data Transmission), based on the setting the RA procedure to the four-step RA type and a transport block size of the four-step RA type being smaller than a size of the message comprising the uplink data, the SDT procedure ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., hence the 4-step RA to transmit the small data has a smaller TB size compared to the TB size that the RAR grants for the uplink data), the UE may cancel the small data transmission and/or continue the RA procedure to resume; [0410] the MAC entity shall update the MAC PDU in the Msg3 buffer in accordance with the TB size). Regarding claim 29, Huang further discloses: further comprising switching, based on the setting the RA procedure to the four-step RA type ([0511]; [0565];), the RA type of the RA procedure from the two-step RA type to the four-step RA type ([0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state. The method further includes the UE switching from the 2-step RA procedure to a 4-step RA procedure not including UL data in response to a condition; [0511] The UE may switch the RA type, e.g. from 2-step to 4-step). Regarding claim 33, Huang further discloses wherein: the canceling the SDT procedure ([0516] Switch to 4-Step RA without Small Data Transmission) is further based on the size of the uplink data being larger than a second SDT data threshold for the four-step RA type ([0511] NW may indicate the UE to switch to a 4-step RA with or without a UL grant... The UE may switch the RA type, e.g. from 2-step to 4-step. The UE may perform a 4-step RA procedure. The 4-step RA procedure may be with small data transmission; [0565] The UE may initiate a 4-step RA to transmit small data when the upper layer indicates a small data transmission and the RSRP is below a threshold (e.g. rsrp-Threshold-msgA). The UE may transmit a RA preamble. If the UE receives a RAR in response to the RA preamble with UL grant not for small data (e.g., that the RAR grants for the uplink data is larger than the 4-step RA to transmit the small data, hence a threshold), the UE may cancel the small data transmission and/or continue the RA procedure to resume). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THERESA NGUYEN whose telephone number is (571)272-2386. The examiner can normally be reached Monday - Friday 9AM - 5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MOO JEONG can be reached at (571)272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THERESA NGUYEN/Examiner, Art Unit 2418 /Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
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Prosecution Timeline

Apr 20, 2023
Application Filed
Sep 04, 2025
Non-Final Rejection mailed — §102
Dec 04, 2025
Response Filed
Feb 05, 2026
Final Rejection mailed — §102
Jun 30, 2026
Request for Continued Examination
Jul 03, 2026
Response after Non-Final Action
Aug 11, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 3 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
99%
With Interview (+100.0%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 5 resolved cases by this examiner. Grant probability derived from career allowance rate.

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